Appeal No. 1999-2018
Application 08/571,204
bidirectionally predictive mode is based on "distance," in
the same sense of the number of frames from past and future
reference pictures as Appellant's distance, Sugiyama selects
a predictive coding mode based on the values of forward and
backward distances. We do not agree with the Examiner's
claim interpretation that selection of the forward
predictive coding mode (mode 2, col. 12, lines 48-53) and
the backward predictive coding mode (mode 3, col. 12,
lines 54-59) are "based upon" the inter picture distance
because the bidirectionally predictive coding mode (mode 1,
col. 12, lines 42-47) uses distances W and 1-W.
Nevertheless, since claim 2 does not recite selecting one of
several predictive coding modes based upon distance, the
error is harmless. No other limitations have been argued.
See 37 CFR § 1.192(c)(8)(iii) (1997) (the brief shall
specify the errors in the anticipation rejection including
any specific limitations in the rejected claims which are
not described in the prior art relied upon in the
rejection). Accordingly, the anticipation rejection of
claims 1-4 and 6-8 is sustained.
(2)
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